A good bankruptcy lawyer is comfortable trying a case one day and negotiating and documenting a complicated agreement the next.
Long regarded as the last area of the generalist, excellent bankruptcy attorneys combine the skills and knowledge found in half a dozen practice areas including Litigation, Real Estate, Corporate, Estates and Trusts, Environmental, and Insurance. A good bankruptcy lawyer is comfortable trying a case one day and negotiating and documenting a complicated agreement the next. The practice requires lawyers who are creative, flexible, work well under pressure and possess a somewhat macabre sense of humor. Our lawyers enjoy these attributes and put them to service representing our clients.
Meet Our Bankruptcy TeamOur lawyers have been recognized by their peers as among the most experienced and capable bankruptcy and restructuring attorneys practicing in the region. Our lawyers have been named Lawyer of the Year by Best Lawyers in Bankruptcy and Restructuring.
We do not represent one type of institution or limit our work to creditors or debtors. We pride ourselves on the ability to add value for our clients however they may be affected by insolvency.
We have worked on hundreds of cases under Chapter 11 of the Bankruptcy Code as well as matters arising under the other chapters and under state and federal non-bankruptcy insolvency schemes.
Bankruptcy Litigation
Litigating when complex bankruptcy issues arise
We frequently litigate in bankruptcy court and in other courts when insolvency issues are part of the mix. We regularly defend against preference, fraudulent conveyance, and other avoidance actions brought by debtors-in-possession or trustees, and actions against debtors’ officers and directors.
In addition to these relatively straightforward bankruptcy litigation matters, our lawyers have often represented clients in other adversary proceedings, both in bankruptcy court and in connection with appeals of bankruptcy decisions. Our lawyers have regularly been engaged as special counsel or co-counsel to other law firms in bankruptcy matters. In these matters, our role varies from lead bankruptcy counsel to special consultant or advisor. We have often been retained by bankruptcy trustees and committees as special counsel to pursue complicated bankruptcy litigation for the benefit of the creditors of the estate. It is in these more complex matters that we have been able to blend the expertise, skills, and depth of the firm’s financial restructuring and litigation practices.
Debtors
Representing corporations, partnerships, and individuals with business debts
We often represent corporations, partnerships, and individuals with business debts as debtors in proceedings under Chapter 11 of the Bankruptcy Code. Representing business debtors calls for practical, time-sensitive solutions, often in an atmosphere of crisis. The attorneys in our financial restructuring practice are able to negotiate in multiparty situations, and they have the sound judgment and counseling skills necessary to help the client navigate difficult terrain. Our lawyers have had significant success in this area, often in situations where the likelihood of a successful reorganization was considered remote at the beginning of the process.
Creditors
Representing both secured and unsecured creditors
Secured Creditors: We are often involved in the representation of secured creditors. Our lawyers have extensive experience in litigating relief from stay and cash collateral issues, and they regularly draft and negotiate plans of reorganization. Our lawyers have represented secured creditors in negotiating and advancing competing or “hostile” reorganization plans. We have defended secured creditors in bankruptcy and non-bankruptcy litigation involving lender liability issues, including suits filed under the Racketeer Influenced Corrupt Organizations Act.
Unsecured Creditors: We have extensive experience representing unsecured creditors, including defending preference and fraudulent conveyance actions brought by debtors. In addition, we regularly provide practical advice to clients experiencing difficulty with customers who are not paying invoices in a timely manner. Specifically, we counsel the credit managers of our larger corporate clients and the operations/business managers of our smaller clients in addressing problem accounts among their customers and protecting themselves before a formal bankruptcy is even filed.
Government
Representing governmental entities in bankruptcy matters
The firm has substantial experience in representing governmental entities in bankruptcy matters. Our lawyers have been involved in collection of all types of government claims in bankruptcy cases and have also frequently represented local governments when claims have been made against them by debtors. We also have experience in handling tax claims and environmental issues for local governmental units.
Special Counsel
Regularly engaged as special counsel or co-counsel to other law firms
Our lawyers have regularly been engaged as special counsel or co-counsel to other law firms, including in bankruptcy acquisitions. In these matters, our role varies from lead bankruptcy counsel to special consultant or advisor. We also are regularly retained as specialists by corporate general counsel, and in these cases we work, in essence, as co-counsel with inside counsel. Bankruptcy trustees and committees often retain us as special counsel to pursue complicated bankruptcy litigation for the benefit of the creditors of an estate.
Workouts
Workouts, refinancings, and other out-of-court debt restructuring
A substantial part of the firm’s practice involves workouts, refinancings, and other out-of-court debt restructuring. Consensual workouts are an option for businesses that have the potential to succeed, but that are held back by excessive debt obligations and/or specific operational problems. We have had significant experience in commercial and real estate workouts and have handled such matters for both debtors and creditors. Our lawyers have negotiated and filed prepackaged and pre-arranged bankruptcies and are fully able to structure workouts to take advantage of the provisions in the Bankruptcy Code that encourage prepackaging.